Planned Development Districts (PD) may be established in the Town
and designated as specific locations on the Zoning Map. The purpose
of the PD Planned Development District is to provide flexible land
use and design regulations for the design and construction of development
projects within the Town of LeRay that incorporate a variety of residential
and nonresidential uses, and contain both individual building sites
and common property which are planned and developed as a unit. This
district encourages innovations in site planning and design that provide
a diversity of type, design, and arrangement of dwellings, commercial,
industrial and mixed-use structures and functional open spaces through
efficient land use. Planned developments do not require a mix of residential
and nonresidential uses to be considered for Planned Development District
status. However, development projects consisting only of single-family
residential units shall not be eligible for Planned Development District
status. The appropriate mix of land uses for each Planned Development
District shall be determined by the Planning Board based on both the
intensity and density of proposed residential, commercial and industrial
uses.

While the standard zoning function (use and bulk) is appropriate
for the regulation of land use in some areas or neighborhoods, these
controls represent a type of regulatory strictness which may be inappropriate
to the innovative techniques of quality land development contained
in the Planned Development District concept. A rigid set of space
requirements along with bulk and use specifications would frustrate
the application of this concept. Thus, where PD techniques are deemed
appropriate through the rezoning of land to a Planned Development
District by the Town Board, the use and dimensional specifications
found elsewhere in this chapter are herein replaced by the general
requirements and site plan review criteria outlined below.

The following design standards shall be utilized for new development applications within Planned Development Districts, in addition to those standards contained within Articles IX through XV of this chapter; and Chapter 158 Attachment 2, Town of LeRay Commercial Corridors Design Guidelines. The following standards shall supersede where conflicts exist between Chapter 158 Attachment 2 and this article.

Where a Planned Development District proposes a nonresidential use
adjacent to residential uses or districts on lots outside of the proposed
PD, the Planning Board shall require an appropriately designed and
engineered buffer area 20 feet in depth. At its discretion, the Planning
Board may also require a buffer area meeting these requirements between
multifamily uses and single-family uses.

The Planning Board shall also assess the degree and necessity of
requiring a buffer area internal to the PD between residential and
nonresidential uses, which shall be considered based on noise levels,
traffic inflow and outflow, environmental and pollutant effects, visual
and other negative impacts.

Restaurant uses: a maximum of one space per two dining room
seats, plus one space per employee; the minimum number of spaces for
such use shall not equate to less than two spaces per 1,000 square
feet of gross floor area.

Landscape islands shall be installed such that no single row of parking
stalls exceeds 15 spaces without an island to provide a visual break.
Double rows of parking stalls shall not exceed 30 spaces without a
landscape island.

All islands shall be a minimum of six feet in width. Interior parking
lot islands along double rows shall be 40 feet in length. Perimeter
islands and those along interior single rows shall be 20 feet in length.

Common property in a PD is a parcel or parcels of land, with or without
the improvements thereon, the use and enjoyment of which are shared
by the owners and occupants of the individual building sites.

When common property exists, the ownership of such common property
may be either public or private. When common property exists in private
ownership, arrangements satisfactory to the Planning Board must be
presented for the improvement, operation and maintenance of such common
property and facilities, including private street, drives, service
and parking areas, and recreational and open space areas.

Zoning Map amendment. In order to establish a Planned Development District, the Zoning Map must be amended by the following procedures outlined herein and the prescribed regulations for amendments to this Zoning Law found in § 158-154.

A complete and acceptable application shall provide a development plan and detailed program which would enable the Town Board and Planning Board to evaluate the proposed development and its effects on nearby land uses and public services. Such a plan and program shall meet the requirements specified under Article XX, Site Plan Review.

Where appropriate and upon request by the Town Board or Planning
Board, the applicant shall furnish a phasing plan and implementation
schedule for the development of the Planned Development District and
the construction of said improvements.

Upon the referral of a complete application from the Town Board, the Planning Board shall review the proposal in light of the requirements specified for Planned Development District in this article VII.

A public hearing shall also be scheduled within 30 days of referral
from the Town Board upon receiving an application that is deemed to
be complete by the Planning Board, to be held separately from or concurrently
with the regularly scheduled meeting of the Planning Board.

Within the forty-five-day period, the Town Board must approve, approve
with modifications or deny the application for establishment of a
Planned Development District. Such action must include the following
information:

If the proposal is approved by the Town Board, and the Zoning Map has been amended to create the appropriate Planned Development District, the applicant must within six months submit an application for site plan approval as provided in Article XX of this chapter.

The application for site plan approval shall include a phasing plan
and implementation schedule for the development of the Planned Development
District and the construction of said improvements. Deviations of
the phasing plan and implementation schedule between district establishment
and site plan approval must be outlined and substantiated prior to
receiving final site plan approval.

Deviations in the site plan and arrangement of buildings, roadways, open spaces and other Planned Development District elements shall require approval by the Town Planning Board as an amended site plan in accordance with § 158-145.

An applicant shall be allowed to undertake phased improvements and
development within the established Planned Development district in
accordance with an approved phasing and implementation schedule, subject
to the following limitations.

The time period between receipt of the initial site plan approval
and the receipt of the initial building permit for Phase One from
the Jefferson County Fire Prevention and Building Code Department
shall not exceed 12 months.

In the event that the time period between the receipt of authorizing development permits or approvals exceeds the above maximums, the applicant shall be required to reapply for site plan approval in accordance with § 158-143, at which time the time periods as discussed in § 158-36G shall begin anew.

The applicant shall be afforded the opportunity to make an application
to the Planning Board requesting an extension of site plan approval,
with said application received by the Planning Board at least 30 days
prior to the expiration of said site plan approval. The Planning Board
may grant up to two separate extensions of six months each.

If, at the conclusion of extension periods, the applicant has failed to receive an active building permit from the Jefferson County Fire Prevention and Building Code Department, the applicant shall be required to reapply for site plan approval in accordance with § 158-143, at which time the time periods as discussed in § 158-36G shall begin anew.

Preexisting uses. Any use lawfully established prior to, and lawfully
continuing in existence on the date of, adoption of this chapter and
which is located in a Planned Development District that is permitted
under the terms of this chapter shall be deemed a conforming use without
further action, application or review, unless a preexisting use permit
expires, or unless such use ceases to continue for a period of more
than six consecutive months.